Sea Robin Pipeline Company, LLC
Second Revised Volume No. 1
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Effective Date: 12/31/2004, Docket: RP05- 87-000, Status: Effective
Original Sheet No. 184 Original Sheet No. 184 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
17. FORCE MAJEURE
17.1 Effect of Force Majeure
In the event of either Sea Robin or Shipper being rendered
unable by force majeure to itself or a necessary third party to
wholly or in part carry out its obligations under the
provisions of the Service Agreement, it is agreed that the
obligations of the party affected by such force majeure, other
than the obligation to make payments thereunder, shall be
suspended during the continuance of any inability so caused but
for no longer period, and such cause shall, so far as possible,
be remedied with all reasonable dispatch.
17.2 Definition of Force Majeure
The term "force majeure" as employed herein shall mean acts and
events not within the control of the party claiming suspension
and shall include acts of God, strikes, lockouts or other
industrial disturbances, inability to obtain pipe or other
material or equipment or labor, wars, riots, insurrections,
epidemics, landslides, lightning, earthquakes, fires, storms,
floods, washouts, arrests and restraint of rulers and people,
interruptions by government or court orders, present or future
orders of any regulatory body having proper jurisdiction, civil
disturbances, explosions, breakage or accident to machinery or
lines of pipe, and the necessity of maintenance of or making
repairs to machinery, facilities or lines of pipe whether
scheduled or unscheduled, freezing of wells or pipelines, and
any other cause whether of the kind herein enumerated or
otherwise, not within the control of the party claiming
suspension and which, by the exercise of due diligence, such
party is unable to overcome. It is expressly agreed that in
the event Sea Robin has arranged for third party transportation
in connection with the Service Agreement, and such third party
transporter asserts force majeure, such event of force majeure
on the system of such third party shall constitute force
majeure for all purposes of the Service Agreement.
Nothing contained herein, however, shall be construed to
require either party to settle a strike against its will. Such
causes or contingencies affecting the performance by either